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  Adverse Attorney-Client Privilege Rulings Not Subject to Early Review, U.S. Supreme Court Rules.Jackson Lewis LLP - December 29, 2009 The U.S. Supreme Court has held that federal district court orders requiring a litigant to produce information for its opponent in pre-trial “discovery,” despite claims that it is protected by the attorney-client privilege, may not be appealed immediately to the courts of appeals under the “collateral order doctrine.” Instead, the aggrieved party may have to take a chance on discretionary “interlocutory” review or an extraordinary writ of mandamus or, more likely, await the outcome of the lawsuit in the lower court, and then raise the privilege issue along with any other grounds it may have for appeal. Mohawk Indus., Inc. v. Carpenter, No. 08-678 (U.S. Dec. 8, 2009). This is an important and troubling development for employers involved in litigation, although at first glance it might appear to be of concern mainly to lawyers.
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